How Foreclosure Works in Texas
Most Texas foreclosures never see a judge. Understanding the two notices and the timetable is the difference between having options and running out of them.
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Before you read this
Texas foreclosures are usually non-judicial
When you bought your house you signed a deed of trust, and that document almost certainly contains a power of sale. It lets the lender have the property sold at auction without first suing you. That is what ‘non-judicial’ means, and it is why Texas foreclosures move faster than in many states. The rules live in Chapter 51 of the Texas Property Code.
Being behind on payments is not, by itself, foreclosure. The process has defined steps, and each one is an opportunity to do something.
The two notices that matter
For a loan secured by a home you live in, Texas Property Code §51.002(d) generally requires the servicer to send written notice that you are in default and give you at least 20 days to cure — to bring the loan current — before they can accelerate the debt.
If the default is not cured, the lender may accelerate and then must give at least 21 days’ notice of the sale under §51.002(b). That notice has to be filed with the county clerk, posted at the courthouse, and mailed to you at your last known address.
Twenty-one days is the number people miss. It is not twenty-one days from when you open the envelope; it runs to the sale date printed on the notice. If a notice of sale has arrived, the calendar is already short.
The sale itself
Texas foreclosure auctions happen on the first Tuesday of the month, between 10 a.m. and 4 p.m., at the place the county commissioners court has designated for that county. The sale has to begin within three hours of the time stated in the notice.
We deliberately do not list a room or address here, because designated locations change and a wrong one could cost somebody their morning. Check the notice itself and the Lubbock County Clerk’s posted notices for the current location.
What happens after the sale
Two things surprise Texas homeowners more than anything else on this page.
There is generally no right of redemption after a mortgage foreclosure in Texas. Some states let you buy the house back for a period afterwards. For an ordinary mortgage foreclosure here, once the sale happens it is done. (Different rules apply to property-tax sales and to homeowners association assessment liens, which do carry redemption periods.)
The debt may not end at the sale. If the property sells for less than what is owed, Texas Property Code §51.003 allows the lender to seek a deficiency judgment, generally within two years of the sale. Whether they pursue it is a separate question, but the possibility is real.
Where selling fits, honestly
Selling before the sale date is one option among several, and it is not automatically the best one. Depending on your circumstances a servicer may offer reinstatement, a repayment plan, a loan modification, forbearance, a short sale, or a deed in lieu. Those cost you less than selling does, and you should ask about them first.
Where a sale genuinely helps is when there is equity in the house and not enough time to reach a retail buyer. Selling can pay off the loan, stop the sale, and put the remaining equity in your pocket rather than letting it disappear at auction. If there is no equity, selling to us will not help you and we will tell you that.
Beware of anyone who tells you to stop talking to your lender, asks you to sign over the deed to stop a foreclosure, or wants a fee up front to ‘save’ your home. Texas has specific protections around foreclosure-rescue arrangements for good reason.
Common questions
How much notice do I get before a Texas foreclosure sale?
For a home you live in, the servicer generally must give you at least 20 days to cure the default before accelerating, and then at least 21 days' notice before the sale itself, under Texas Property Code sections 51.002(d) and 51.002(b). The 21 days runs to the sale date on the notice, not from the day you read it.
Can I stop a foreclosure by selling the house?
Sometimes. If the sale closes and the loan is paid off before the auction date, the foreclosure stops because the debt is satisfied. Whether that is possible depends on how much time is left, how much is owed against the property, and whether title is clear. It only helps you financially if there is equity.
Do I get a redemption period after foreclosure in Texas?
Generally no, not for an ordinary mortgage foreclosure. Once the sale happens it is final. Property-tax foreclosure sales and homeowners association assessment foreclosures are different and do carry redemption periods. This is one of several reasons to speak to an attorney about your specific lien.
Can the lender still come after me for money afterwards?
Possibly. If the property sells for less than the balance owed, Texas Property Code section 51.003 permits the lender to seek a deficiency judgment, generally within two years of the sale.
Are you attorneys?
No. We are real estate investors who buy houses. We are not a law firm and nothing on this page is legal advice. If a foreclosure is moving, speak to a Texas real estate attorney; TexasLawHelp.org and the State Bar of Texas Lawyer Referral Service can help you find low-cost options.
A last word on what we are
Want to talk about your situation?
Send the address and the condition. If a direct sale is not your best move, we will say so.